Passenger rightshttp://iftta.org/spanish/taxonomy/term/11169/all
esCJEU clarifies burden of proof for timely information on flight cancellationhttp://iftta.org/spanish/node/8386
<div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even" property="content:encoded"> <p>In case of cancellation of a flight, according to Article 5 of Regulation (EC) No 261/2004 the carrier shall be exempt from the obligation to pay compensation <span id="pagePrincipale">if the passengers were informed of the cancellation at least two weeks before the scheduled time of departure.</span></p></div></div></div>Thu, 11 May 2017 15:31:56 +0000Michael Wukoschitz8386 at http://iftta.orgCJEU: bird strikes qualify as "extraordinary circumstances"http://iftta.org/spanish/node/8385
<div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even" property="content:encoded"> <p>In a highly anticipated judgement, the CJEU held today that a collision between an aircraft and a bird, as well as any damage caused by that collision, are not intrinsically linked to the operating system of the aircraft, with the result that such a collision is not by its nature or origin inherent in the normal exercise of the activity of the air carrier concerned and is outside its actual control. Accordingly, a collision between an aircraft and a bird is an extraordinary circumstance within the meaning of the regulation.</p></div></div></div>Thu, 04 May 2017 09:16:05 +0000Michael Wukoschitz8385 at http://iftta.orgCJEU: a flight during which an unscheduled stopover took place cannot be regarded as cancelledhttp://iftta.org/spanish/node/8369
<div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even" property="content:encoded"> <p>On Oct. 5, 2016 the Court of Justice of the European Union (CJEU) provided another clarification regarding the interpretation of Reg. (EC) No. 261/2004. The case involved an Bulgarian Air Charter flight from Burgas (Bulgaria) to Dresden (Germany). The flight departed as scheduled but <span id="pagePrincipale">made an unscheduled stopover in Prague which caused a delay in arrvial at Dresden of 2 hours and 20 minutes.</span></p></div></div></div>Mon, 21 Nov 2016 09:32:25 +0000Michael Wukoschitz8369 at http://iftta.orgCJEU Advocate General: bird strikes do not constitute 'extraordinary circumstances'http://iftta.org/spanish/node/8365
<div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even" property="content:encoded"> <p>In an opinion delivered on July 28, 2016, CJEU Advocate General Bot has concluded that bird strikes do not fall within the extraordinary circumstances defence currently available to air carriers according to Article 5 para 3 of Reg. (EC) 261/2004. In the Advocate General's opinion, such incidents are inherent in the normal exercise of the activity of an air carrier and therefore not 'extraordinary'. Although an opinion of an Advocate Genrral is not binding to the Court but only advisory in nature, the judges in most cases follow the recommedations expressed therein.</p></div></div></div>Fri, 05 Aug 2016 07:41:30 +0000Michael Wukoschitz8365 at http://iftta.orgCJEU clarifies remdies for downgrading in air travelhttp://iftta.org/spanish/node/8364
<div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even" property="content:encoded"> <p><span id="pagePrincipale">In a recently published judgement, the European Court of Justice has clarfied the rules applying to downgrading of air passagners according to Reg. (EC) No 261/2004.</span></p></div></div></div>Wed, 29 Jun 2016 06:56:13 +0000Michael Wukoschitz8364 at http://iftta.orgU.S.A.: DOT fines airlines for not adequately responding to complaints of disabled passengershttp://iftta.org/spanish/node/8355
<div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even" property="content:encoded"> <p>The U.S. Department of Transportation (DOT) today fined Air France, Lufthansa, and British Airways for not adequately responding to complaints filed by passengers with disabilities. Air France and Lufthansa were each fined USD 200,000 and British Airways was fined USD 150,000. The airlines were also ordered to cease and desist from future similar violations.</p></div></div></div>Tue, 03 May 2016 09:36:51 +0000Michael Wukoschitz8355 at http://iftta.orgGermany: air carriers allowed to demand immediate payment of the full fare upon bookinghttp://iftta.org/spanish/node/8349
<div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even" property="content:encoded"> <p>The German Civil Supreme Court (BGH) decided that it cannot be regarded an unfair term if an air carrier demands immediate payment of the full ticket fare upon booking. Even though air transport contracts were regarded as service contracts, the general rules on service contracts would only to a small extent characterize the model of an air transport contract. In particular, the rules on maturity of the remuneration in service contracts would not preclude advance payment clauses in air transport contracts.</p></div></div></div>Sun, 21 Feb 2016 17:13:59 +0000Michael Wukoschitz8349 at http://iftta.orgCJEU Advocate General: National Enforcement Body must not take enforcement measures to pursue claims of individual air passengershttp://iftta.org/spanish/node/8343
<div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even" property="content:encoded"> <p>Upon reference for preliminary ruling lodged by the Dutch Raad van State (State Council), the Advocate General of the CJEU has delivered an opinion according to which Article 16 of the Air Passenger Rights Regulation 261/2004 only entrusts the National Enforcement Bodies (NEBs) with the task to secure general compliance with the Regulation but not to pursue individual claims. Individual claims should rather be pursued before the courts. A concurrent competence of courts and national Enforcment Bodies could lead to different interpretations of the Regulation and cause legal uncertainty.</p></div></div></div>Thu, 04 Feb 2016 15:50:29 +0000Michael Wukoschitz8343 at http://iftta.orgAir carriers to stack passengers in aircrafts?http://iftta.org/spanish/node/8336
<div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even" property="content:encoded"> <p>According to a report published on telegraph.co.uk, aircraft manufacturer Airbus has designed a mezzanine level for planes which would stack passengers above others. However, it is questionable, that the invention will ever make it past the design stage. To read the article which also contains sketches of the mezzanine level seating, see http://www.telegraph.co.uk/travel/travelnews/11914067/Airbus-designs-mezzanine-to-seat-plane-passengers-on-top-of-each-other.html</p><h2 itemprop="alternativeHeadline description"> </h2> </div></div></div>Thu, 08 Oct 2015 15:31:39 +0000Michael Wukoschitz8336 at http://iftta.orgGermany: two new Supreme Court decisions on air passenger rightshttp://iftta.org/spanish/node/8286
<div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even" property="content:encoded"> <p>On March 17, 2015 the German Supreme Court (BGH) has passed two judgements with regard to Regulation (EC) 216/2004.</p></div></div></div>Fri, 20 Mar 2015 17:05:32 +0000Michael Wukoschitz8286 at http://iftta.orgCanada: denied boarding claim dismissed by Ontario Superior Court of Justicehttp://iftta.org/spanish/node/8222
<div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even" property="content:encoded"> <p>The plaintiff booked a seven-day trip to Jamaica with WestJet. On September 18, 2011he was given a boarding pass for the outward flight when he presented his Canadian citizenship card at the airport. After a week in Jamica, he presented himself for boarding for the return flight but was denied baording because he did not have a passport but only presented his Canadian driver's licence, health card and social insurance card. The plaintiff protested, arguing that the citizenship card had been sufficient for him to travel to Jamaica.</p></div></div></div>Tue, 23 Sep 2014 18:52:23 +0000Michael Wukoschitz8222 at http://iftta.orgCJEU provides another clarification of the Air Passenger Rights Regulation (EC) 216/2004http://iftta.org/spanish/node/8218
<div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even" property="content:encoded"> <p>In its judgement of today, the Court of the European Union (CJEU) held that the ‘arrival time’, which is used to determine the length of the delay to which passengers on a flight have been subject, corresponds to the time at which at least one of the doors of the aircraft is opened, the assumption being that, at that moment, the passengers are permitted to leave the aircraft.</p></div></div></div>Thu, 04 Sep 2014 12:43:22 +0000Michael Wukoschitz8218 at http://iftta.orgGerman Supreme Court: general strike or breakdown of the radar system qualify as "extraordinary circumstances"http://iftta.org/spanish/node/8187
<div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even" property="content:encoded"> <p>The German Supreme Court (BGH) recently decided two cases related to flight delays.</p><p>In the first case, the plaintiff's flight from Frankfurt/Main to Menorca was delayed more than 3 hrs because of a general strike in Greece which affected the previous circulation of the aircraft. The return flight to Frankfurt was also delayed more than 3 hrs because of a breakdown of the radar system in the Greek airspace which, again, delayed the arrival of the aircraft from a previous circulation.</p></div></div></div>Mon, 16 Jun 2014 10:50:13 +0000Michael Wukoschitz8187 at http://iftta.orgMore references for CJEU prelimiary ruling on Air Passenger Rights Regulation lodged by German courtshttp://iftta.org/spanish/node/8185
<div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even" property="content:encoded"> <p>With regard to <a href="http://eur-lex.europa.eu/resource.html?uri=cellar:439cd3a7-fd3c-4da7-8bf4-b0f60600c1d6.0004.02/DOC_1&amp;format=PDF">Reg. EC No 261/2004 (" Air Passenger Rights Regulation")</a> the follwowing issues have recently been referred to the CJEU by German courts:</p><p>1. Reference of Feb. 4, 2014 by Landgericht Hannover (C-79/14 - TUIfly):</p></div></div></div>Fri, 30 May 2014 09:02:01 +0000Michael Wukoschitz8185 at http://iftta.orgEuropean Commission: Member States still need to strengthen enforcement of air passenger rightshttp://iftta.org/spanish/node/8183
<div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even" property="content:encoded"> <p>The European Commission has published today a review of passenger rights' complaint handling and enforcement in the European air transport sector between 2010 and 2012. The review shows that complaints to national authorities for compensation and assistance have returned to lower levels since the exceptional year 2010 (ash cloud crisis, snow disruptions). Also, airlines get sanctioned in only 1% of the cases as most of the complaints are settled without having to resort to such measures in order to ensure enforcement.</p></div></div></div>Thu, 15 May 2014 19:27:13 +0000Michael Wukoschitz8183 at http://iftta.org